How to get a residence permit for a child from a previous marriage in Turkey?

Persons who have been granted the right by the Law can obtain a residence permit for foreign family members. This applies to spouses and minor children. So, if the minor child is from the previous marriage of the right holder, is there a right to a family residence permit in this case?

In this article prepared by our expert lawyers, you can find comprehensive information about the family residence permit for the child from a previous marriage.

Who Can Obtain Family Residence Permit?

According to the Law on Foreigners and International Protection, spouses and minor children of the following persons can obtain a family residence permit

• Turkish citizens
• Blue card holders
• Persons who are in Turkey with a residence permit

If the minor children of these persons are from a previous marriage, some other factors such as custody will come into play at this point.

What is the Right of Custody?

Custody is defined as the rights, powers and responsibilities of parents to protect the personal and property assets of children and to represent them in order to ensure the care, protection and upbringing of minors and, in special cases, restricted adult children in different areas.

The rights of the other parent of the child whose custody is given to one parent are as follows:

• Right to see the child
• The right to communicate with the child
• The right to establish personal contact with the child
• The right to fulfil the child’s needs
• The Right to Participate in the Maintenance and Education Expenses of the Child

The custodial spouse cannot prevent the other spouse from exercising these rights.

Is the Permission of the Other Parent Required for Taking Children Abroad?

In divorced couples, in cases where the child is under joint custody, that is, in cases where both parents share the right of custody of the child, the permission of the other spouse is required for the child to be taken abroad.

In this case, a notarised permission to go abroad must be obtained from the other spouse. The spouse who has sole parental authority can take the child abroad without the permission of the other spouse. However, some countries may request permission from the other parent during the visa process. For this reason, it is important to learn this requirement from the consulate of the country to be travelled to.

How to Take a Child with Custody of a Spouse Abroad?

In case of divorce, if custody is given to one spouse, it is not possible for the other spouse to obtain a court decision against the custodial spouse taking the child abroad. The foreign mother who has custody, for example, is free to travel with her child to the country of her choice. This in itself does not constitute a criminal offence and is not against the law.

Moreover, preventing the foreign national who has custody from taking her child abroad is unconstitutional as it would prevent the fulfilment of the parental duty. However, if the person who has custody prevents the child from meeting with the other parent, the custody of the child may be changed. This is because both the best interests of the child and the maintenance of his/her personal relationship with his/her parents require this. Therefore, the court may decide to change the custody of the child if the child cannot meet with his/her parents during the personal visitation days granted to the spouse without custody.

In one of the decisions of the Court of Cassation on this issue, the Court of Cassation stated that ‘The spouse who has the right of custody does not depend on the consent of his/her divorced spouse to take the common child abroad as a natural consequence of the exercise of the right of custody.’ It states.

2nd Civil Chamber of the Court of Cassation, 2015/11374 E., 2015/12897 K., 17.06.2015 T.

Applying for Residence Permit in Turkey for the Child of a Previous Marriage

There are some differences with regard to moving abroad with a child from a previous marriage.

In order for the party who has custody of the child to settle abroad and take his/her child with him/her, a letter of consent is required even though he/she has the right of custody. In this case, the party who does not have custody must give consent.

However, if the non-custodial party does not give consent without a justifiable reason, consent can be requested for the child’s permission to leave the country by applying to the court. In accordance with the principle of the child’s best interests, the court may issue a decision and the child may travel abroad without the need for the consent of the party who does not have custody of the child.

However, in the event that the party who has custody settles abroad, it should not prevent the child’s personal relationship with the other parent. Therefore, the non-custodial party may request the court to re-evaluate custody on the grounds that the circumstances regarding the child have changed.

As a result, the person who wants to apply for a family residence permit in Turkey for his/her child whose custody is in his/her custody must obtain notarised permission from the other parent of the child.

Conclusion

In order for a child from a previous marriage to obtain a residence permit in Turkey, the parent who has custody of the child must obtain notarised consent from the other parent. This is based on the principle of the best interests of the child and aims to ensure the continuity of the child’s relationship with the other parent. In addition, if the non-custodial parent does not give consent without a justifiable reason, consent for the child to leave the country can be requested by applying to the court and the necessary decisions can be taken from the court. This process should be carried out within the framework of legal regulations to ensure that the rights of the child are respected and protected.

Why Us?

As Güneş&Güneş Law Office, you can contact us to benefit from our 25 years of experience and our expert team of lawyers serving in 4 languages (Turkish, English, Russian and German) to apply for family-based residence permits, custody procedures and legal support services on the issues you need.

It becomes more evident especially in complex legal processes such as custody and residence permits. In cases such as obtaining a family residence permit for a child from a previous marriage, many legal details must be handled correctly. Issues such as custody rights, consent requirements and the best interests of the child require a deep knowledge and careful interpretation of the legal framework.

The importance of legal support in these processes is highlighted in the following ways:

1. Knowledge of Legal Regulations: According to the Law on Foreigners and International Protection, it is important to protect the rights of both parties in matters such as custody and residence permit. At this point, the correct guidance of lawyers prevents missteps and loss of rights.
2. Consent Requirements: Obtaining a letter of consent, especially from the non-custodial parent, may be mandatory for critical steps such as the child’s permission to leave the country or residence permit in Turkey. The complexity of legal processes can be more easily managed with the involvement of experienced lawyers.
3. Court Applications: In cases where consent is not given without a justifiable reason, it is possible to apply to the court to obtain the necessary permissions. In such processes, legal knowledge and preparation of the correct documents to be submitted to the court are of vital importance.
4. Güneş & Güneş Law Office provides comprehensive legal support to its clients, especially in such complex processes, and ensures that their rights are protected.

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